Shaaban & Biedgoly
A motorcycle accident can be a life-altering event, causing both physical and emotional trauma. In the aftermath of such an incident, it’s crucial to know how to respond to protect your health and legal rights. Unfortunately, many people unintentionally make serious mistakes that can jeopardize their ability to receive proper medical care, as well as fair compensation for their injuries.
If you’ve been involved in a motorcycle accident, understanding what not to do can be just as important as knowing the right steps to take. This guide will explore common pitfalls and provide expert advice on how to avoid them, ensuring that your rights are preserved and your recovery is not hindered.
1. Don’t Leave the Scene of the Accident
Leaving the scene of a motorcycle accident is not only illegal in California but also severely detrimental to your case. Even if you believe the accident is minor or you’re not seriously hurt, leaving can result in criminal charges. Under California Vehicle Code §20002, all parties involved in a crash are required to stop and exchange information.
Remaining at the scene ensures that a proper investigation can occur, and witnesses or involved parties can give accurate statements. Failing to remain could lead to hit-and-run charges, which carry stiff penalties. It also puts you at a disadvantage if the other party claims that you were at fault.
What you should do: Immediately stop at the scene and ensure safety for yourself and others. Call 911 if anyone is injured, and cooperate with law enforcement officials once they arrive. This will create an official record of the incident, which is critical for building a strong case later on.
2. Don’t Fail to Call the Police
Even if a motorcycle accident seems minor, neglecting to contact the police is a big mistake. A police report is often a crucial piece of evidence in any personal injury claim. It provides an official, neutral account of the accident, which can help clarify fault and the circumstances leading up to the collision.
Without a police report, it becomes your word against the other driver’s. This lack of evidence can complicate insurance claims, making it harder for you to obtain compensation for your injuries, property damage, or other losses.
What you should do: Always call the police, regardless of how minor the motorcycle accident may seem. The responding officers will document the scene, take statements from witnesses, and write a report that may become a key factor in your personal injury case.
3. Don’t Ignore Medical Attention
One of the most common mistakes after a motorcycle accident is failing to seek immediate medical attention. This often happens when the injured party feels fine at the scene or believes their injuries are not serious. However, many injuries—such as concussions, internal bleeding, or spinal injuries—may not present symptoms immediately.
By failing to get a prompt medical evaluation, you risk compromising your health and weakening your legal claim. Insurance companies often use the delay in seeking treatment as evidence that your injuries were not severe or were unrelated to the motorcycle accident.
What you should do: Get evaluated by a medical professional as soon as possible after the accident. Even if you feel fine, it’s important to rule out any underlying issues. Be sure to document all treatments and keep thorough records, as these will be essential when pursuing compensation.
4. Don’t Admit Fault
In the heat of the moment, emotions run high, and it’s easy to blurt out statements like “I’m sorry,” or “It was my fault.” However, admitting fault at the scene of a motorcycle accident can severely undermine your case, even if you weren’t entirely to blame.
California operates under a “comparative negligence” rule, which means that fault can be shared between the parties. Any admission of fault, no matter how minor, can reduce the amount of compensation you’re eligible to receive. Insurance companies will latch onto any admission of guilt to limit their payout.
What you should do: Avoid making any statements that could be interpreted as an admission of fault. Simply provide factual information, such as your name, contact details, and insurance information. Let the investigators determine liability after all the evidence has been gathered.
5. Don’t Fail to Document the Scene
In the chaos following a motorcycle accident, it’s easy to overlook the importance of gathering evidence. Failing to document the scene can be a costly mistake, especially if the other party later disputes your version of events. You may lose valuable evidence that could support your personal injury claim.
What you should do: If you’re physically able, take as many photos and videos of the accident scene as possible. Document the damage to both vehicles, the surrounding area, skid marks, road conditions, and any visible injuries. This evidence can be vital in establishing the cause of the accident and proving your injuries.
Also, make sure to obtain contact information from any witnesses. Their statements may be critical in corroborating your account of the accident.
6. Don’t Talk to Insurance Companies Without Legal Representation
After a motorcycle accident, you’ll likely receive calls from insurance adjusters, either from your own insurance company or the other party’s insurer. While it may seem harmless to provide a statement or answer their questions, this can be a major pitfall.
Insurance companies aim to minimize their payouts and may use anything you say against you. They might twist your words or pressure you into accepting a low settlement before the full extent of your injuries and damages are known.
What you should do: Politely decline to provide any recorded statements or sign any documents without consulting an attorney. It’s in your best interest to have legal representation to ensure that your rights are protected and that you receive fair compensation.
7. Don’t Accept a Quick Settlement
Many victims of motorcycle accidents make the mistake of accepting a quick settlement offer from the insurance company. While it may be tempting to get the money and move on, these initial offers are often far lower than what you may need to cover medical bills, lost wages, and long-term care.
Once you accept a settlement, you typically waive your right to pursue any further compensation, even if your injuries turn out to be more severe than initially thought.
What you should do: Take your time to fully understand the extent of your injuries and losses before agreeing to any settlement. Consult with a personal injury attorney to determine whether the offer is fair or if it’s worth pursuing further legal action.
8. Don’t Post About the Accident on Social Media
Social media has become a part of daily life, but sharing details about your motorcycle accident on platforms like Facebook or Instagram can be a costly mistake. Insurance companies and defense attorneys often monitor social media for posts that could be used to dispute claims. For instance, a seemingly innocent post showing you engaging in physical activities could be used to argue that your injuries aren’t as severe as you claim.
What you should do: Refrain from posting anything about your accident, injuries, or recovery process online. Adjust your privacy settings, but keep in mind that anything posted on social media can potentially be accessed and used in court.
9. Don’t Neglect Legal Advice
One of the biggest mistakes victims of motorcycle accidents make is failing to consult with a personal injury attorney. Many people believe they can handle their claims on their own, but the complexities of personal injury law can be overwhelming, especially when dealing with insurance companies.
Without professional legal advice, you might not fully understand your rights, and you could miss out on significant compensation that you’re entitled to.
What you should do: Contact a qualified personal injury attorney at Shaaban & Biedgoly for a free consultation as soon as possible after the accident. An attorney can guide you through the legal process, handle communications with insurance companies, and ensure that you get the compensation you deserve.
10. Don’t Underestimate the Impact of Emotional Trauma
Motorcycle accidents don’t just cause physical injuries—they often lead to emotional and psychological trauma as well. Failing to acknowledge and treat these issues can have long-term effects on your health and well-being. Post-traumatic stress disorder (PTSD), anxiety, and depression are common after serious accidents.
What you should do: Seek mental health support if you’re struggling to cope after your motorcycle accident. Document any emotional distress you experience, as this can also be considered in your personal injury claim.
Conclusion
In the aftermath of a motorcycle accident , the actions you take—or fail to take—can significantly affect your health, finances, and legal standing. By avoiding these common mistakes, you can protect your rights and improve your chances of obtaining fair compensation. Remember to remain at the scene, seek medical attention, avoid admitting fault, and consult with an attorney as soon as possible.
Whether you’re dealing with a minor fender-bender or a serious collision, knowing what not to do is just as important as understanding the steps you should take. Protect yourself and your future by staying informed and making wise decisions in the wake of a motorcycle accident.
Contact Shaaban & Biedgoly in Folsom today for your free motorcycle accident consultation.